Ronin Posted September 16, 2008 Report Share Posted September 16, 2008 My trial has been going on forever... like over a year...Ive filed a discovery which the lawyer didnt bother answering and the judge wouldnt force him to answer anything. Ive filed interogs which the lawyer wouldnt answer anything other than to claim that someone from the CA filed it out. I dont know what to do next, im tired of this thing going on but theres no way im giving in to something i dont owe. Any ideas? Link to comment Share on other sites More sharing options...
Fairy Enchantress Posted September 16, 2008 Report Share Posted September 16, 2008 I think you have to file a motion for discovery within a certain time frame. And same with interrogatories. If the CA filled out the interrogatories ask for proof. If they supposedly sent them to you where is that proof?http://www.flcourts.org/gen_public/family/self_help/index.shtml Also call the court and ask where you can get free legal advice. Between CIC and finding as much as you can you can beat this. Keep your chin up! Link to comment Share on other sites More sharing options...
nascar Posted September 16, 2008 Report Share Posted September 16, 2008 Any ideas?If there has been no activity in 180 days (double check my days), you can request dismissal for lack of prosecution. The plaintiff will be given 30 days to give good reason why it should continue or the judge will dismiss the case.Depending on your case, you probably have some other options as well, but not enough details to know. Link to comment Share on other sites More sharing options...
mcb11902 Posted September 17, 2008 Report Share Posted September 17, 2008 It's no activity for 10 months in Florida. FRCP 1.420(e) states:(e) Failure to Prosecute. In all actions in which it appears on the face of the record that no activity by filing of pleadings, order of court, or otherwise has occurred for a period of 10 months, and no order staying the action has been issued nor stipulation for stay approved by the court, any interested person, whether a party to the action or not, the court, or the clerk of the court may serve notice to all parties that no such activity has occurred. If no such record activity has occurred within the 10 months immediately preceding the service of such notice, and no record activity occurs within the 60 days immediately following the service of such notice, and if no stay was issued or approved prior to the expiration of such 60-day period, the action shall be dismissed by the court on its own motion or on the motion of any interested person, whether a party to the action or not, after reasonable notice to the parties, unless a party shows good cause in writing at least 5 days before the hearing on the motion why the action should remain pending. Mere inaction for a period of less than 1 year shall not be sufficient cause for dismissal for failure to prosecute. Link to comment Share on other sites More sharing options...
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